inventory on 2/10 "containing lead"

[Sarah Reid]

So everything I'm reading at the CPSC website mentions that inventory as of 2/10 that contains lead above the limits is a banned hazardous substance. What I'm not finding (and it could just be because I'm crosseyed from reading this law through so stinking many times) is whether inventory is ASSUMED to have lead above the limits if not proven to be below the limits. I'm guessing this is the case, but I can't find it anywhere.
Thanks.

[Kathleen F.]

The issue is you have to PROVE it does not.

[Guest]

Yeah, but for some reason it makes a difference to me whether the government is assuming they have lead in them, or not. Am I innocent until proven guilty or am I guilty until proven innocent? Or just guilty with no chance to prove innocence? I'm trying to develop my short-term game plan (Feb thru Aug) and for whatever reason, whether the items are actually considered to be banned and hazardous only if they actually do have lead in them makes a difference to me.

I think the answer is, it's unclear.

[Esther]

The CPSIA assumes guilt until proven innocent. IMO, the CPSIA violates the rule of law and can do things without any due process.

[Eric H]

Sarah & Guest (or are you the same person?),

No, it is not unclear. You as a manufacturer must issue a GCC. You must base the GCC on a reasonable test program. "Well, I assume I don't have any lead in my products" will not meet their definition of a reasonable test program. We're sorry if we aren't telling you what you want to hear.

Think of it like having a driver's license. Are they assuming you can drive a car or not? Doesn't matter. You have to have your license on you when operating a motor vehicle on a public street.

[Guest]

sorry, yes, sarah and guest are the same person.

And you're misunderstanding what I'm saying. I know "I assume I don't have any" won't cut it and I never said as much.

But the extent to which I will go to prove I'm not selling lead-laden items between Feb 10 and August varies depending on whether the CPSC will assume anything not specifically proven to not contain lead does, in fact, carry high levels of lead, or not.

I'm trying to put together a picture of what a Reasonable testing program would look like for my business/products so that I can price out said reasonable testing program and see if it's feasible from a profitability standpoint. I have a few different programs in mind, and which one I choose will depend greatly on how extensive I want/need to go to be "reasonable."

It IS kind of like a driver's license - I'm supposed to have it on me, but if I don't, I get to show up in court with it and they say "Ok, looks good, thanks." (vs. I get to show up in court and they say "I don't care if you had it all along but left it in the diaper bag at home on that one trip, since you didn't have it with you that one time, we assume you have never been a licensed driver and you're going to prison, baby!")